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THE ICSID CASELOAD –
STATISTICS
(ISSUE 2015-1)
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© 2015 by International Centre for Settlement of Investment Disputes.
Content may be reproduced for educational use with acknowledgement. Page | 2
The ICSID Caseload – Statistics (Issue 2015-1)
This issue of the ICSID Caseload – Statistics updates the profile of the ICSID caseload, historically
and for the calendar year 2014. It is based on cases registered or administered by ICSID as of
December 31, 2014.
As in the previous issues, this document illustrates: the number of cases registered under the
ICSID Convention and Additional Facility Rules; the number of other cases administered by the
ICSID Secretariat; the basis of consent to ICSID jurisdiction invoked in registered arbitration and
conciliation cases; the geographic distribution of ICSID cases by the State party to the dispute,
and the economic sectors involved in ICSID disputes. It also contains data on outcomes in ICSID
arbitration and conciliation proceedings, including further information on disputes decided by
arbitral tribunals, data on discontinued ICSID arbitration proceedings, and outcomes to date in
annulment proceedings under the ICSID Convention. The nationalities and geographic origins of
arbitrators, conciliators and ad hoc committee members appointed in ICSID cases are also
featured.
The Secretariat will continue to publish the ICSID Caseload – Statistics on a bi-annual basis, and
welcomes any comments or suggestions by email at [email protected].
© 2015 by International Centre for Settlement of Investment Disputes.
Content may be reproduced for educational use with acknowledgement. Page | 3
TABLE OF CONTENTS1
PART I - ALL CASES REGISTERED AND ADMINISTERED BY ICSID
1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December 31, 2014 6
2. Cases Registered by ICSID 7
Chart 1: Total Number of ICSID Cases Registered, by Calendar Year 7
Chart 2: Number of Cases Registered under the ICSID Convention and Additional Facility Rules, by Calendar Year 8
Chart 3: Type of Cases Registered under the ICSID Convention and Additional Facility Rules 8
3. Non-ICSID Cases Administered by the ICSID Secretariat 9
Chart 4: Number of Non-ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years2 9
4. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID Cases 10
Chart 5: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and
Additional Facility Rules 10
5. Geographic Distribution of All ICSID Cases, by State Party Involved 11
Chart 6: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by State
Party Involved 11
6. Distribution of All ICSID Cases by Economic Sector 12
Chart 7: Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by Economic Sector 12
7. ICSID Arbitration and Conciliation Proceedings – Outcomes 13
Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes 13
Chart 8a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Findings 14
Chart 8b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules – Basis 15
Chart 9: Conciliation Proceedings under the ICSID Convention – Outcomes 16
Chart 10: Conciliation Proceedings under the ICSID Convention – Commission Reports 16
8. Annulment Proceedings under the ICSID Convention – Outcomes 17
Chart 11: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade 17
9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 18
Chart 12: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention
and Additional Facility Rules – Distribution of Appointments by Geographic Region 18
Chart 13: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention
and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by
Geographic Region 19
Chart 14: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under
the ICSID Convention and Additional Facility Rules 20
1 The data is based on ICSID statistics as of December 31, 2014. 2 The ICSID Fiscal Year covers the period July 1 to June 30.
© 2015 by International Centre for Settlement of Investment Disputes.
Content may be reproduced for educational use with acknowledgement. Page | 4
PART II - CASES REGISTERED AND ADMINISTERED BY ICSID IN 2014
1. New Cases Registered by ICSID in 2014 22
Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2014 22
2. Non-ICSID Cases Administered by the ICSID Secretariat in 2014 22
Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2014 22
3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2014 23
Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2014 under the ICSID
Convention and Additional Facility Rules 23
4. Geographic Distribution of New ICSID Cases Registered in 2014, by State Party Involved 24
Chart 4: Geographic Distribution of New Cases Registered in 2014 under the ICSID Convention and Additional Facility Rules,
by State Party Involved 24
Chart 5: Geographic Distribution of New Cases Registered in 2014 under the ICSID Convention and Additional Facility Rules,
by State Party Involved – Further Details 25
5. Distribution of New ICSID Cases Registered in 2014, by Economic Sector 26
Chart 6: Distribution of New Cases Registered in 2014 under the ICSID Convention and Additional Facility Rules, by Economic
Sector 26
6. ICSID Arbitration Proceedings Concluded in 2014 – Outcomes 27
Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2014 – Outcomes 27
Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2014 – Findings 28
Chart 7b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules
in 2014 – Basis 29
7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2014 30
Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2014 in Cases Registered under the
ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region 30
Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2014 in Cases Registered under the
ICSID Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties
(or Party-appointed Arbitrators) by Geographic Region 31
Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2014 in Cases
Registered under the ICSID Convention and Additional Facility Rules 32
© 2015 by International Centre for Settlement of Investment Disputes.
Content may be reproduced for educational use with acknowledgement. Page | 5
PART I
ALL CASES REGISTERED AND ADMINISTERED
BY ICSID
© 2015 by International Centre for Settlement of Investment Disputes.
Content may be reproduced for educational use with acknowledgement. Page | 6
1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December 31, 2014
© 2015 by International Centre for Settlement of Investment Disputes.
Content may be reproduced for educational use with acknowledgement. Page | 7
2. Cases Registered by ICSID
Chart 1: Total Number of ICSID Cases Registered, by Calendar Year:
As of December 31, 2014, ICSID had registered 497 cases under the ICSID Convention and Additional Facility Rules.
1 4
1 2 1 2 2 3 4 1
4 1 2 1
3 3 3
10 11 10 12
14
19
31
27 27 23
37
21
25 26
38
50
40 38
0
10
20
30
40
50
60
19
72
19
73
19
74
19
75
19
76
19
77
19
78
19
79
19
80
19
81
19
82
19
83
19
84
19
85
19
86
19
87
19
88
19
89
19
90
19
91
19
92
19
93
19
94
19
95
19
96
19
97
19
98
19
99
20
00
20
01
20
02
20
03
20
04
20
05
20
06
20
07
20
08
20
09
20
10
20
11
20
12
20
13
20
14
Cases Registered under the ICSID Convention and Additional Facility Rules
© 2015 by International Centre for Settlement of Investment Disputes.
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Chart 2: Number of Cases Registered under the ICSID Convention and Additional Facility Rules by Calendar Year:
Chart 3: Type of Cases Registered under the ICSID Convention and Additional Facility Rules:
1 4
1 2 1 2 1 2 4 1
4 1 2 1 2 3 3
8 8 8 9 14
18
30
21 24
21
32
20 23 25
33
40 38 35
1 1 1
1
1
1 1
2 3 2 3
1 6
2
2
4
1 2
1
4
8 2
3
2
0
10
20
30
40
50
60
19
72
19
73
19
74
19
75
19
76
19
77
19
78
19
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00
20
01
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02
20
03
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04
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05
20
06
20
07
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08
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09
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10
20
11
20
12
20
13
20
14
ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases
ICSID Additional Facility Arbitration Cases ICSID Additional Facility Conciliation Cases
ICSID Convention Arbitration Cases
442 (89%)
ICSID Convention Conciliation Cases
7 (1.5%)
ICSID Additional Facility Arbitration Cases
46 (9%)
ICSID Additional Facility Conciliation Cases
2 (0.5%)
© 2015 by International Centre for Settlement of Investment Disputes.
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3. Non-ICSID Cases Administered by the ICSID Secretariat
Chart 4: Number of Non-ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years:
The ICSID Secretariat offers various levels of administrative and organizational support for non-ICSID
dispute settlement in State-State or investor-State proceedings. Among the State-State cases administered
in the past decade are the Southern Bluefin Tuna case (Australia and New Zealand v. Japan), an expert
determination proceeding under the Indus Waters Treaty of 1960, and an arbitration under the Softwood
Lumber Agreement of 2006 (United States v. Canada).
The Centre also frequently provides administrative assistance to investor-State arbitrations under the
UNCITRAL Rules or other ad hoc dispute settlement provisions. The Centre’s services in these proceedings
range from support with the organization of hearings to administrative services comparable to those
provided in ICSID cases. The Secretariat also acts as appointing authority, and decides proposals for
disqualification of arbitrators, upon request. In addition to administering UNCITRAL arbitrations, ICSID has
also assisted with the organization of hearings in arbitration proceedings conducted under the auspices of
the ICC, LCIA, PCA, and other institutions.
11 10
7 6
4 6
3 5
10
6
1 1
1 3
2
1
2
0
2
4
6
8
10
12
14
FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 July 1 -Dec. 31,
2014Investor-State UNCITRAL Arbitrations Other Cases
© 2015 by International Centre for Settlement of Investment Disputes.
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4. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID Cases
Chart 5: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and
Additional Facility Rules:
ASEAN Agreement for the Promotion and Protection
of Investments 0.2%
Bilateral Investment Treaty (BIT)
61.8%
Dominican Republic-United States-Central America Free Trade
Agreement (DR-CAFTA) 0.9%
Investment Contract between the Investor
and the Host-State 18.3%
Investment Law of the Host-State
9.4%
North American Free Trade Agreement
(NAFTA) 2.9%
Oman-U.S. Free Trade Agreement
(Oman-U.S. FTA) 0.2%
Canada -Peru Free Trade Agreement
(Canada-Peru FTA) 0.2%
Energy Charter Treaty (ECT) 6.1%
© 2015 by International Centre for Settlement of Investment Disputes.
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5. Geographic Distribution of All ICSID Cases, by State Party Involved Chart 6: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by
State Party Involved*:
* The classification of the geographic regions above is based on the World Bank’s regional system, available at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries.
South America 26%
Central America & the Caribbean
7%
North America (Canada, Mexico & U.S.)
4% Eastern Europe & Central Asia
25%
Western Europe 4%
Sub-Saharan Africa 16%
Middle East & North Africa
10%
South & East Asia & the Pacific
8%
© 2015 by International Centre for Settlement of Investment Disputes.
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6. Distribution of All ICSID Cases by Economic Sector
Chart 7: Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by Economic
Sector*:
* This sector classification is based on the World Bank’s sector codes, available at http://siteresources.worldbank.org/PROJECTS/Resources/SectorCodesLists.pdf.
Finance 7%
Information & Communication
6%
Agriculture, Fishing & Forestry
4% Oil, Gas & Mining 26%
Electric Power & Other Energy
14%
Water, Sanitation & Flood Protection
6%
Construction 7% Tourism
4%
Other Industry 13%
Transportation 10%
Services & Trade
3%
© 2015 by International Centre for Settlement of Investment Disputes.
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7. ICSID Arbitration and Conciliation Proceedings – Outcomes
Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes:
Dispute decided by Tribunal
64% (see chart 8a)
Dispute settled or proceeding otherwise
discontinued 36%
(see chart 8b)
© 2015 by International Centre for Settlement of Investment Disputes.
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Chart 8a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Findings:
* Pursuant to ICSID Arbitration Rule 41(5) and Article 45(6) of the Arbitration (Additional Facility) Rules, as adopted by the ICSID Administrative Council in 2006, a
party may, at an early stage of the proceeding, file an objection that a claim is manifestly without merit. If the Tribunal decides that the claims are manifestly without
legal merit, it shall render an award to that effect.
Award deciding that the claims are manifestly without legal merit*
1%
Award declining jurisdiction
25%
Award dismissing all claims 28%
Award upholding claims in part or in full
46%
© 2015 by International Centre for Settlement of Investment Disputes.
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Chart 8b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility
Rules – Basis:
1 ICSID Arbitration Rule 44. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 50.
2 ICSID Arbitration Rule 43(2). No case concluded to date on the basis of Arbitration (Additional Facility) Rule 49(2).
3 In accordance with Article 44 of the ICSID Convention.
4 ICSID Administrative & Financial Regulation 14(3)(d).
5 ICSID Arbitration Rule 45 and Arbitration (Additional Facility) Rule 51.
6 ICSID Arbitration Rule 43(1) and Arbitration (Additional Facility) Rule 49(1).
Proceeding discontinued at the
request of both parties6
45%
Proceeding discontinued at the request of one
party1 29%
Settlement agreement embodied in an award at
parties' request2 15%
Proceeding discontinued at the Initiative of the
Tribunal3 1%
Proceeding discontinued for lack of payment of
the required advances4 8%
Proceeding discontinued for failure of parties to
act5 2%
© 2015 by International Centre for Settlement of Investment Disputes.
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Chart 9: Conciliation Proceedings under the ICSID Convention – Outcomes:
Chart 10: Conciliation Proceedings under the ICSID Convention – Commission Reports:
Conciliation Commission Report
issued 71%
(see chart 10) Proceeding
Discontinued 29%
Report recording failure of the Parties to
reach agreement 80%
Report recording agreement of the
Parties 20%
© 2015 by International Centre for Settlement of Investment Disputes.
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8. Annulment Proceedings under the ICSID Convention – Outcomes
Chart 11: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade:
4 9
18
96
68
0 1 0
13 13
0 3 1
8
1 0 0 1 5
11
0
20
40
60
80
100
120
1971-1980 1981-1990 1991-2000 2001-2010 2011 -
Number of Convention awards rendered Number of decisions rejecting the application for annulment
Number of decisions annulling the award in part or in full Number of annulment proceedings discontinued
© 2015 by International Centre for Settlement of Investment Disputes.
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9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases
Chart 12: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID
Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region*:
* The classification of the geographic regions above is based on the World Bank’s regional system, available at
http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart
reflects appointments made to Tribunals and ad hoc Committees constituted until December 31, 2014.
North America (Canada, Mexico & U.S.)
22%
South America 11%
Central America & the Caribbean
2%
Middle East & North Africa
4%
Sub-Saharan Africa 2%
South & East Asia & the Pacific
10% Eastern Europe & Central Asia
2%
Western Europe 47%
© 2015 by International Centre for Settlement of Investment Disputes.
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Chart 13: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region*:
* The geographical classification is based on the World Bank’s regions as set forth at
http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart
reflects appointments made to Tribunals and ad hoc Committees constituted until December 31, 2014.
55 51
21 28 20
69
14
220
304
127
16
44
16
99
17
565
0
100
200
300
400
500
600
North America(Canada, Mexico & U.S.)
South America Central America &the Caribbean
Middle East &North Africa
Sub-Saharan Africa South & East Asia &the Pacific
Eastern Europe &Central Asia
Western Europe
Appointments by ICSID Appointments by the Parties (or Party-appointed Arbitrators)
Chart 14: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules:
173 171
144 100
94 82
59 52 52
48 44
41 38
35 31
27 26
24 22
21 16 16 16
13 12 12
11 11
10 10 10 10
9 9 9 9 9 9
8 8 8
7 7 7 7 7
6 6 6 6
5 5
4 4 4 4 4 4
3 3 3 3 3 3
2 2 2 2 2 2 2 2 2 2 2 2 2
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
0 20 40 60 80 100 120 140 160 180 200
United States of America
France
United Kingdom
Switzerland
Canada
Spain
Australia
Germany
Mexico
Chile
Italy
Belgium
Netherlands
New Zealand
Egypt, Arab Rep. of
Colombia
Argentina
Costa Rica
Sweden
France/Sweden/Bahrain
Bulgaria
United Kingdom/France
United States of America/Switzerland
Austria
Argentina/Spain
Brazil
Lebanon/France
Singapore
Bangladesh
Canada/New Zealand
Canada/United Kingdom
Philippines
China
Denmark
Greece
Slovak Republic
Uruguay
Venezuela
Morocco
Pakistan
Switzerland/Brazil
Colombia/France
Ecuador
Malaysia
Senegal
Thailand
Finland
India
Iran, Islamic Rep. of/France
Peru
Guyana
Somalia
Algeria
Cyprus
Germany/Austria
Guatemala
Iran, Islamic Rep. of
Nigeria
Honduras
Israel
Jamaica
Korea, Rep.of
Switzerland/Ireland
Togo
Barbados
Benin
France/Mauritius
France/Switzerland
Gabon
Ghana
Jordan
Lebanon
Madagascar
Malawi
Portugal
Serbia
United States of America/France
Argentina/United States of America
Cameroon
Canada/Lebanon
Canada/Switzerland
Central African Republic
Chile/United States of America
Croatia
Czech Republic
Czechoslovakia
Dominica
Japan
Luxembourg
Norway
Pakistan/United States of America
Slovenia
South Africa
Sri Lanka
Sudan
United Kingdom/Ghana
United States of America/Canada
Number of Appointments
Stat
e o
f N
atio
nal
ity
Page | 20
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© 2015 by International Centre for Settlement of Investment Disputes.
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PART II
CASES REGISTERED AND ADMINISTERED
BY ICSID IN 2014
© 2015 by International Centre for Settlement of Investment Disputes.
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1. New Cases Registered by ICSID in 2014
Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2014:
2. Non-ICSID Cases Administered by the ICSID Secretariat in 2014
Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2014:
35
3
0
5
10
15
20
25
30
35
40
ICSID Convention Arbitration Cases
ICSID Additional Facility Arbitration Cases
10
0
1
2
3
4
5
6
7
8
9
10
11
Investor-State UNCITRAL Arbitrations
© 2015 by International Centre for Settlement of Investment Disputes.
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3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in
2014
Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2014 under the ICSID
Convention and Additional Facility Rules:
Bilateral Investment Treaty (BIT)
55%
Dominican Republic-United States-Central America Free Trade
Agreement (DR-CAFTA) 2%
Investment Contract between the Investor and
the Host-State 9%
Investment Law of the Host-State
11%
Energy Charter Treaty (ECT) 21%
Canada-Peru Free Trade Agreement
(Canada-Peru FTA) 2%
© 2015 by International Centre for Settlement of Investment Disputes.
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4. Geographic Distribution of New ICSID Cases Registered in 2014, by State Party Involved
Chart 4: Geographic Distribution of New Cases Registered in 2014 under the ICSID Convention and Additional Facility
Rules, by State Party Involved*:
* The classification of the geographic regions above is based on the World Bank’s regional system, available at
http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries.
South America 11%
Central America & the Caribbean
8%
Eastern Europe & Central Asia
32%
Western Europe 18%
Sub-Saharan Africa 21%
Middle East & North Africa
5%
South & East Asia & the Pacific
5%
© 2015 by International Centre for Settlement of Investment Disputes.
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Chart 5: Geographic Distribution of New Cases Registered in 2014 under the ICSID Convention and Additional Facility
Rules, by State Party Involved – Further Details*:
Albania, 1 Bosnia and
Herzegovina, 1
Estonia, 1
Hungary, 1
Montenegro, 1 Burundi, 1
Romania, 2 The Gambia, 2 Greece, 1
Italy, 1
Serbia, 1 Guinea, 1
Slovak Republic, 1 Mauritania, 1 Argentina, 1
Turkey, 1 Mozambique, 1 Spain, 5 Peru, 1 Costa Rica, 1
Ukraine, 2 Senegal, 1 Venezuela, 2
Dominican Republic, 1 Egypt, 1 China, 1
Sudan, 1 Panama, 1 Yemen, 1 Indonesia, 1
Eastern Europe & Central Asia
Sub-Saharan Africa
Western Europe
South America Central America & the Caribbean
Middle East & North Africa
South & East Asia & the Pacific
North America (Canada,
Mexico & U.S.)
* The classification of the geographic regions above is based on the World Bank’s regional system, available at
http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries.
© 2015 by International Centre for Settlement of Investment Disputes.
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5. Distribution of New ICSID Cases Registered in 2014, by Economic Sector
Chart 6: Distribution of New Cases Registered in 2014 under the ICSID Convention and Additional Facility Rules, by Economic Sector*:
* The sector classification is based on the World Bank’s sector codes, available at http://siteresources.worldbank.org/PROJECTS/Resources/SectorCodesLists.pdf.
Finance 5%
Information & Communication
3% Agriculture, Fishing & Forestry
3%
Oil, Gas & Mining 37%
Electric Power & Other Energy
26%
Water, Sanitation & Flood Protection
3%
Construction 10%
Other Industry 13%
© 2015 by International Centre for Settlement of Investment Disputes.
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6. ICSID Arbitration Proceedings Concluded in 2014 – Outcomes
Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2014 – Outcomes:
Dispute decided by Tribunal
65% (see chart 7a)
Dispute settled or proceeding otherwise
discontinued 35%
(see chart 7b)
© 2015 by International Centre for Settlement of Investment Disputes.
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Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2014 – Findings:
Award declining jurisdiction
30%
Award dismissing all claims 35%
Award upholding claims in part or in full
35%
© 2015 by International Centre for Settlement of Investment Disputes.
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Chart 7b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 2014 – Basis:
1 ICSID Arbitration Rule 44. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 50.
2 ICSID Arbitration Rule 43(2). No case concluded to date on the basis of Arbitration (Additional Facility) Rule 49(2).
3 ICSID Arbitration Rule 45 and Arbitration (Additional Facility) Rule 51.
4 ICSID Arbitration Rule 43(1) and Arbitration (Additional Facility) Rule 49(1).
Proceeding discontinued at the request of both
parties4 22%
Proceeding discontinued at the request of one
party1 45%
Settlement agreement embodied in an award at
parties' request2 22%
Proceeding discontinued for failure of parties to
act3 11%
© 2015 by International Centre for Settlement of Investment Disputes.
Content may be reproduced for educational use with acknowledgement. Page | 30
7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in
2014
Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2014 in Cases Registered under the ICSID
Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region*:
* The classification of the geographic regions above is based on the World Bank’s regional system, available at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted in 2014.
North America (Canada, Mexico
& U.S.) 15%
South America 10%
Central America & the Caribbean
3%
Middle East & North Africa
3%
Sub-Saharan Africa 1% South & East Asia &
the Pacific 14%
Eastern Europe & Central Asia
5%
Western Europe 49%
© 2015 by International Centre for Settlement of Investment Disputes.
Content may be reproduced for educational use with acknowledgement. Page | 31
Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2014 in Cases Registered under the ICSID
Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed
Arbitrators) by Geographic Region*:
* The classification of the geographic regions above is based on the World Bank’s regional system, available at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted in 2014.
4 3 4
1 2
9
3
22 20
13
0
4
0
12
4
54
0
10
20
30
40
50
60
North America(Canada, Mexico &
U.S.)
South America Central America &the Caribbean
Middle East &North Africa
Sub-Saharan Africa South & East Asia& the Pacific
Eastern Europe &Central Asia
Western Europe
Appointments by ICSID Appointments by the Parties (or Party-appointed Arbitrators)
© 2015 by International Centre for Settlement of Investment Disputes.
Content may be reproduced for educational use with acknowledgement. Page | 32
Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2014 in Cases
Registered under the ICSID Convention and Additional Facility Rules:
19
11
10
8
7
7
6
6
5
5
5
4
4
4
3
3
3
3
3
3
2
2
2
2
2
2
2
2
2
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
0 5 10 15 20
France
United Kingdom
United States of America
Spain
Australia
Switzerland
Canada
Germany
Belgium
Bulgaria
United States of America/Switzerland
France/Sweden/Bahrain
Italy
United Kingdom/France
Argentina
Austria
Chile
Colombia
Netherlands
New Zealand
Argentina/Spain
Bangladesh
China
Costa Rica
Guatemala
Korea, Rep.of
Mexico
Pakistan
Slovak Republic
Sweden
Switzerland/Brazil
Argentina/United States of America
Canada/Lebanon
Canada/United Kingdom
Chile/United States of America
Egypt, Arab Rep. of
Iran, Islamic Rep. of/France
Lebanon/France
Malaysia
Morocco
Nigeria
Pakistan/United States of America
Singapore
Somalia
Venezuela
Number of Appointments
Stat
e o
f N
atio
nal
ity
